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Tag Archives: litigation
A Split Panel of the Federal Circuit Reverses PTAB Finding of Unpatentability Without Remand in DSS v. Apple
In DSS Technology Management v. Apple Inc., a split panel of the Federal Circuit reversed a finding of patentability by the Patent Trial and Appeal Board (PTAB or the Board), but did so without remanding the case back to the … Continue reading
Posted in claim challenges, Federal Circuit, Federal Circuit Review of PTAB Proceedings, inter partes review, IPR, prior art, Reversal With No Remand
Tagged appeal, Bianchi, federal circuit, inter partes review, IPR, issued patent, litigation, patent claims, patent litigation, post-grant review, PTAB, Tim Bianchi
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PTAB Expanded Panel Decides Sovereign Immunity Is Waived For District Court Patent Assertions by State Entities
Sovereign immunity has been a topic of great debate ever since the Patent Trial and Appeal Board applied it to dismiss inter partes reviews (IPRs) involving state owned patent rights. In Covidien v. University of Florida Research Foundation the Board dismissed three IPRs … Continue reading
Federal Circuit’s Aqua Products Decision Clarifies Burden on IPR Petitioner to Challenge Amended Claims
On October 4, 2017, the Federal Circuit issued a lengthy decision in Aqua Products v. Matal, spanning five opinions and 148 pages, which addressed the proper allocation of the burden of proof when amended claims are offered during inter partes review proceedings (“IPRs”). Aqua Prods. v. … Continue reading
Posted in Adjudicative instead of examinatorial, Broadest Reasonable Interpretation standard, claim challenges, estoppel from administrative proceeding, Federal Circuit Review of PTAB Proceedings, Motion to Amend, preponderance of evidence, reexamination generally, Settlements in Post-Grant Proceedings, Termination of Post-Grant Proceedings
Tagged appeal, Bianchi, claims, en banc review, ex parte prosecution, ex parte reexamination, federal circuit, inter partes review, IPR, issued patent, litigation, Motion to Amend, past damages, patent, patent claims, patent litigation, patent trial and appeal board, PGR, post-grant review, PTAB, reexamination, reissue, Tim Bianchi
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Are Patent-Friendly PTAB Decisions On the Rise?
Patent litigation changed with passage of the America Invents Act. Overnight the PTAB became a new venue for challenging patent claims using IPRs, CBMs and PGRs. The initial reaction by the patent bar to the PTAB’s “take charge” approach to … Continue reading
Posted in America Invents Act, claim challenges, Claim Construction, Damages, Future of PTAB Trial Practice, inter partes review, Litigation, Post Grant Review, preponderance of evidence, prior art, PTAB, PTAB Patent Trials, Uncategorized
Tagged appeal, Bianchi, CBM, covered business method, inter partes reexamination, inter partes review, IPR, litigation, motion to stay, patent claims, patent trial and appeal board, PGR, post-grant review, PTAB, Tim Bianchi
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PTAB Dismisses Three IPR Petitions Based on Sovereign Immunity
Covidien LP had a license to U.S. Patent 7,062,251, owned by the University of Florida Research Foundation (UFRF, Patent Owner). UFRF alleged breach of contract by Covidien, and sued Covidien in Florida state court for breach of license. Covidien counterclaimed … Continue reading
Posted in Adjudicative instead of examinatorial, inter partes review, States rights and sovereign immunity
Tagged appeal, Bianchi, CBM, federal circuit, inter partes review, IPR, issued patent, litigation, patent, patent trial and appeal board, PGR, post-grant review, PTAB, sovereign immunity, Tim Bianchi
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4 Tips to Make Your Patent Portfolio AIA-Ready
The America Invents Act (AIA) has changed the way that patents are enforced. In traditional patent litigation, a patent was drafted to perform in district court. After the AIA, when patents are asserted, they are first challenged in administrative proceedings … Continue reading
Posted in America Invents Act, claim challenges, covered business methods, inter partes review, Litigation, Post Grant Review, PTAB, PTAB Patent Trials
Tagged AIA, America Invents Act, Bianchi, CBM, covered business method patent review, inter partes review, IPR, litigation, patent litigation, patent portfolio, patent prosecution, patent reexamination, Patent Stay, PGR, post-grant review, prosecution guidelines, PTAB, reexamination
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IPRs And Settlement of Patent Infringement Cases
The passage of the AIA is still relatively recent, yet statistics are starting to emerge that demonstrate the effective use of IPRs to settle patent infringement cases. IAM magazine recently published an interesting report by Unified Patents showing that IPRs have … Continue reading
Posted in America Invents Act, claim challenges, inter partes review, prior art, Settlements in Post-Grant Proceedings
Tagged Bianchi, CBM, covered business method, inter partes review, IPR, issued patent, litigation, patent claims, patent litigation, patent trial and appeal board, PGR, post-grant review, PTAB, settlement, Tim Bianchi
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Patent Trends to Watch in 2016
2016 is starting off with a bang! A number of interesting new developments have occurred as we enter into this new year: The Supreme Court will review broadest reasonable interpretation (BRI), courtesy of the petition for cert in Cuozzo The Federal Circuit … Continue reading
Posted in America Invents Act, Broadest Reasonable Interpretation, Broadest Reasonable Interpretation standard, Federal Circuit, Future of PTAB Trial Practice, inter partes review, Litigation, Post Grant Review, PTAB, PTAB Patent Trials, Supreme Court Review of post-grant issues
Tagged appeal, Bianchi, CBM, covered business method, ex parte reexamination, federal circuit, inter partes reexamination, inter partes review, IPR, issued patent, litigation, patent trial and appeal board, PGR, PTAB, Supreme Court, Tim Bianchi
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Federal Circuit Interprets Board’s Broadest Reasonable Interpretation Standard – Part II
In Microsoft Corp. v. ProxyConn, Inc. v. Michelle K. Lee, Intervenor (Fed. Cir. cases 2014-1542 and -1543), the Federal Circuit reversed claim constructions made by the Board in the underlying IPRs. One of the claim constructions that was reversed related … Continue reading
Posted in America Invents Act, Broadest Reasonable Interpretation standard, claim challenges, Claim Construction, Federal Circuit, inter partes review, prior art, PTAB, PTAB Patent Trials
Tagged AIA, appeal, Bianchi, BRI, broadest reasonable construction, federal circuit, inter partes review, IPR, issued patent, litigation, patent reform, patent trial and appeal board, PTAB, reversal of claim construction, Tim Bianchi, unreasonably broad construction
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